Denver Wrongful Death Lawyer

Who Is Eligible to File a Wrongful Death Claim?

Colorado Revised Statutes (CRS) § 13-21-201 specifies who can file a wrongful death claim. The right to file a wrongful death claim is restricted to specific individuals and follows a particular order of priority:

• Surviving spouse: The deceased’s surviving spouse has the primary right to file a wrongful death claim. In the first year following the death, only the surviving spouse is allowed to file the claim. If they do not act within the first year, the right to file extends to other eligible parties in the second year.
• Deceased’s children: If the deceased has surviving children, they can file a wrongful death claim, but only after the first year has passed if the surviving spouse has not filed a claim. They may file the claim jointly or individually depending on their preferences and circumstances.
• Deceased’s parents: If the deceased was unmarried and had no children, their parents are next in line to file a wrongful death claim. They can also file jointly or individually.
• Designated beneficiary: In certain circumstances, a designated beneficiary may be eligible to file a wrongful death claim. This typically applies if the deceased had formally designated someone as their beneficiary in a will or trust.
• Personal representative of the estate: The personal representative of the deceased’s estate can also file a wrongful death claim on behalf of the estate. This type of claim focuses on recovering damages related to the estate itself, such as medical expenses, funeral costs, and other financial losses incurred by the estate.

What Damages Are Available in a Wrongful Death Case?

When you tragically lose a loved one due to another’s negligence, your family will likely face immense emotional and financial burdens. A wrongful death lawsuit seeks to hold the responsible party accountable and provide compensation for the losses suffered. We will help you recover all potential damages through a wrongful death claim.

Economic damages

Economic damages compensate for the financial losses resulting from your loved one’s death. These may include:

• Medical expenses: Costs of medical treatment and care provided to the deceased before their death
• Funeral and burial costs: Expenses related to the deceased’s funeral, burial, or cremation
• Lost income and benefits: Compensation for the income and benefits the deceased would have earned if they had lived
• Loss of inheritance: The value of the inheritance the deceased’s family members would have received

Non-economic damages

Non-economic damages compensate for the intangible losses experienced by your family after your loved one’s death. These may include:

• Pain and suffering: Compensation for the physical pain and emotional suffering experienced by the deceased before their death
• Loss of companionship: Compensation for the loss of the deceased’s companionship, love, and emotional support
• Loss of consortium: Compensation for the loss of marital relations and the emotional and physical support provided by the deceased

Exemplary damages

Exemplary damages, commonly known as punitive damages, can be awarded in Denver wrongful death cases under specific circumstances. These damages are not meant to compensate for losses but to punish the defendant for their egregious behavior and deter future misconduct. CRS § 13-21-102 caps punitive damages at three times the actual economic and non-economic damages awarded.

To recover punitive damages, you must prove, by clear and convincing evidence, that the defendant acted with fraud, malice, or willful and wanton conduct. This is a high burden of proof, requiring substantial evidence of the defendant’s malicious intent or reckless disregard for your loved one’s safety.

Our experienced wrongful death attorneys at Zara Injury Law can help you understand the specific damages available in your case and work to maximize your recovery. 

Determining Fault After a Fatal Accident in Denver

In a wrongful death case, determining fault requires a detailed investigation into how the fatal accident occurred and who acted negligently. Attorneys typically begin by gathering and reviewing police reports, crash scene photos, surveillance or traffic camera footage, and witness statements to establish a clear timeline of events. In more complex cases, accident reconstruction experts may be brought in to analyze vehicle damage, roadway conditions, speed, and impact points to help determine exactly how the crash happened.

Lawyers also examine additional evidence such as phone records, toxicology reports, vehicle maintenance logs, and black box data from vehicles when available. These details can help reveal whether distracted driving, impairment, speeding, or other forms of negligence contributed to the fatal collision. In some cases, multiple parties may share responsibility, including other drivers, commercial vehicle operators, or even government entities responsible for unsafe road conditions. Because Colorado follows a comparative negligence system, establishing a strong, evidence-based determination of fault is critical to holding the responsible party accountable and pursuing full compensation for surviving family members.

What to Expect During the Legal Process in Denver

As a wrongful death attorney in Denver, we’re committed to providing essential legal guidance throughout the wrongful death claim process. Our responsibilities include:

• Case evaluation: We assess the details of your case to determine its viability and the best course of action.
• Investigation: We conduct a thorough investigation to gather evidence and build a strong case.
• Filing claims:  We ensure all necessary paperwork is filed accurately and within the statute of limitations.
• Negotiation: We negotiate with insurance companies and opposing parties to secure a fair settlement.
• Trial representation: If we cannot settle, we represent you in court, presenting evidence and arguments to secure a favorable verdict.

At Zara Injury Law, we understand that no amount of compensation can bring back your loved one. However, we are committed to helping you seek justice and obtain the maximum compensation under Colorado law.

How Long Do You Have to File a Wrongful Death Claim in Colorado?

The statute of limitations is critical to any wrongful death claim, as it determines the time frame within which you must file a claim. Understanding these limitations is essential for ensuring that the court considers your case.

Colorado’s wrongful death statute of limitations is defined under CRS § 13-80-102. Under this statute, you have two years from the date of your loved one’s death to file a claim. While the general statute of limitations is two years, there is an important vehicular homicide exception. If your loved one’s death resulted from a hit-and-run accident, the statute of limitations extends to four years.

The state’s statute of limitations also considers the priority of the eligible parties who can file a wrongful death claim. This prioritization affects who can file the claim and when they can file it within two years. Remember, the surviving spouse has the exclusive right to file a wrongful death claim during the first year following the death.

Wrongful Death vs. Survival Action: What’s the Difference?

In Colorado, families may be able to pursue both a wrongful death claim and a survival action after a fatal accident, but they serve different legal purposes. A wrongful death claim is brought by certain surviving family members—typically a spouse, children, or in some cases parents—and is intended to compensate the family for their own losses, such as funeral and burial expenses, lost financial support, loss of companionship, and the emotional impact of losing a loved one.

A survival action, on the other hand, is brought on behalf of the deceased person’s estate and focuses on the losses the victim themselves experienced before death. This can include medical expenses, lost wages between the injury and death, and pain and suffering the deceased endured prior to passing. Any recovery in a survival action is distributed through the estate according to Colorado probate laws.

While these claims are often filed together, they address different types of harm and can significantly affect the total compensation available in a case. An experienced wrongful death attorney can evaluate which claims apply and ensure all available avenues for recovery are pursued.

Contact a Compassionate Wrongful Death Attorney in Denver

If you have lost a loved one due to someone else’s negligence in Denver or anywhere in Colorado, you do not have to face the legal process alone. At Zara Injury Law, we understand the emotional and financial toll a wrongful death can bring, and we are here to provide compassionate guidance while aggressively pursuing justice on your family’s behalf.

We handle every aspect of your case so you can focus on your family and healing, while we work to hold the responsible parties accountable and pursue the compensation your family deserves. Call us today at (866) 823-8288 for a free consultation, or fill out the contact form to get started.

Frequently Asked Questions About Denver Wrongful Death Lawsuits